08/24/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
  2004-CA-00417-SCT

Homer Griffin, Jr. v. Holmes County, Mississippi; Holmes Circuit Court; LC Case #: 2002-156; Ruling Date: 02/06/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur.

Kuriaki Demetrius Riley v. State of Mississippi; Attala Circuit Court; LC Case #: 05-0007-CR; Ruling Date: 03/08/2005; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Count I: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively to the sentence imposed in Count I. Sentence shall run consecutively to any sentence previously imposed. Attala County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur.

Brewer Construction Company, Inc. v. David Brewer, Inc., and Pear Orchard Vicksburg, LLC AND Massey Land & Timber, LLC v. David Brewer, Inc., Pear Orchard Vicksburg, LLC and Brewer Construction Company, Inc.; Warren Circuit Court; LC Case #: 01-0117-CI; Ruling Date: 07/20/2005; Ruling Judge: Frank Vollor; Majority Opinion: Easley, J. Disposition: Reversed and Rendered In Part; Reversed and Remanded In Part. David Brewer, Inc., and Pear Orchard Vicksburg, LLC, taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Mississippi Department of Mental Health v. Julia Renee Hall; Lauderdale Circuit Court; LC Case #: 02-CV-079; Ruling Date: 06/30/2004; Ruling Judge: Larry Roberts; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Diaz, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Easley, J., not participating.

In Re: The Mississippi Access to Justice Commission; Disposition: On the Court's own motion, the number of voting commissioners of the Mississippi Access to Justice Commission is increased from 23 to 24 and Chief Justice Rae Nell Vaughn, Supreme Court of the Mississippi Band of Choctaw Indians, is appointed as an additional voting commissioner of that Commission to a term beginning July 1, 2006, through June 30, 2009. The Clerk of this Court is directed to mail a copy of this order to all voting commissioners and non-voting members of the Commission. Order entered.

Hoyt Forbes and Hilda Forbes v. General Motors Corporation and Mack Grubbs Motors, Inc.; Marion Circuit Court; LC Case #: 2001-0260; Ruling Date: 05/29/2003; Ruling Judge: R. Prichard, III; Disposition: Motion for rehearing filed by appellee, General Motors Corporation, is denied. Smith, C.J., Cobb, P.J., and Dickinson, J., would grant.

Shermeker Pollard and Trellvion Gaines, a Minor, by and through His Natural Mother, Legal Guardian, and Next Friend, Shermeker Pollard v. Sherwin-Williams Company; Jefferson Circuit Court; LC Case #: 2000-0604; Ruling Date: 08/08/2003; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari pursuant to M.R.A.P. 17 filed by counsel for petitioners is granted. To Grant: All Justices. Order entered.

Arthur Irby and Illinois Central Railroad Company v. Mary Travis, Individually, and as Administratrix of the Estate of Michael Travis, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Michael Travis, Deceased; Holmes Circuit Court; LC Case #: 97-0321; Ruling Date: 10/17/2003; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by appellees is denied. Diaz, Graves and Randolph, JJ., would grant.

Mississippi Department of Mental Health v. Julia Renee Hall; Lauderdale Circuit Court; LC Case #: 02-CV-079; Ruling Date: 06/30/2004; Ruling Judge: Larry Roberts; Disposition: Hall's motion to strike the Mississippi Department of Mental Health's reply brief is denied. Easley, J., not participating. Order entered.

Christopher Cornielus Moore v. Mississippi Department of Corrections; Rankin Circuit Court; LC Case #: 2004-198R; Ruling Date: 07/23/2004; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed pro se by Christopher Cornielus Moore is denied. To Deny: All Justices. Order entered.

Freddie L. Davis and Jeanette Davis v. Attorney General of the State of Mississippi and Executive Director of the Department of Finance and Administration; Hinds Chancery Court 1st District; LC Case #: G-2004-268 R/1; Ruling Date: 11/02/2004; Ruling Judge: Stuart Robinson; Disposition: Motion for rehearing filed by appellants is denied. Diaz, Easley and Graves, JJ., would grant.

Freddie L. Davis and Jeanette Davis v. Attorney General of the State of Mississippi and Executive Director of the Department of Finance and Administration; Hinds Chancery Court 1st District; LC Case #: G-2004-268 R/1; Ruling Date: 11/02/2004; Ruling Judge: Stuart Robinson; Disposition: Appellees' Motion for Leave to File Out-of-Time Response is dismissed as moot. Order entered.

J.E.W. v. T.G.S.; Warren Chancery Court; LC Case #: 2004-393GN; Ruling Date: 12/01/2004; Ruling Judge: Vicki Barnes; Disposition: Motion for rehearing filed by appellant is denied.

Jamarcus D. Shumpert v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-190; Ruling Date: 12/03/2004; Ruling Judge: Sharion Aycock; Disposition: Motion for rehearing filed by appellant is denied.

Roy Bradfield v. Richard Schwartz d/b/a Schwartz & Associates, P. A., and Richard Schwartz, Individually; Hinds Circuit Court 1st District; LC Case #: 251-01-111CIV; Ruling Date: 12/23/2004; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing filed by appellee is denied. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Diaz, J., would grant. Easley and Graves, JJ., not participating.

Roy Bradfield v. Richard Schwartz d/b/a Schwartz & Associates, P. A., and Richard Schwartz, Individually; Hinds Circuit Court 1st District; LC Case #: 251-01-111CIV; Ruling Date: 12/23/2004; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents Without Separate Written Opinion. Easley and Graves, JJ., not participating.

Diane M. Gartrell, Lisa LeAnn (Gartrell) Johnsey, and Jodey Jon Gartrell v. M. Kay Gartrell (a/k/a Kay Gartrell Kirschner); DeSoto Chancery Court; LC Case #: 03-01-0164; Ruling Date: 04/05/2005; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Motion to strike item two of the appellee's record excerpts is dismissed as moot. Order entered.

Diane M. Gartrell, Lisa LeAnn (Gartrell) Johnsey, and Jodey Jon Gartrell v. M. Kay Gartrell (a/k/a Kay Gartrell Kirschner); DeSoto Chancery Court; LC Case #: 03-01-0164; Ruling Date: 04/05/2005; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Cobb, P.J. Disposition: This interlocutory appeal is dismissed as moot. The order which initially denied the motion to dismiss, at the time we granted interlocutory appeal, is vacated. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Brewer Construction Company, Inc. v. David Brewer, Inc., and Pear Orchard Vicksburg, LLC AND Massey Land & Timber, LLC v. David Brewer, Inc., Pear Orchard Vicksburg, LLC and Brewer Construction Company, Inc.; Warren Circuit Court; LC Case #: 01-0117-CI; Ruling Date: 07/20/2005; Ruling Judge: Frank Vollor; Disposition: Motion to Strike Exhibit 1 Timeline of Events filed by appellees is denied. Cobb, P.J., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Ivory E. Britton; LC Case #: 2004-023/256; Ruling Date: 09/28/2005; Ruling Judge: Franklin Coleman; Majority Opinion: Cobb, P.J. Disposition: Hinds County Justice Court Judge Ivory E. Britton shall be publicly reprimanded in Open Court by the Senior Judge of the Hinds County Circuit Court on the first day of the next term of that court after this decision becomes final; is suspended without pay for thirty (30) days from and after the date of issuance of the mandate in this case; and is assessed costs in the amount of $1,118.37. Justice Court Judge Ivory E. Britton taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Easley, Carlson and Dickinson, JJ.; Cobb, P.J., Joins in Part. Graves, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Waller, P.J., and Diaz, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Smith, C.J., Easley, Carlson and Dickinson, JJ., Join This Opinion. Cobb, P.J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Graves, J.